Burned by recent controversies, the government plans to regulate the activity of influencers, these stars of social networks who promote brands to their audience under conditions that are not always very clear.
A round table is organized this Friday, December 9 in Bercy, on the initiative of the Minister of Economy and Finance Bruno Le Maire, to take stock of the measures to be taken to regulate a booming sector.
The conflict in recent months between Magali Berdah, boss of the powerful influencer agency Shauna Events, and rapper Booba, has highlighted certain abuses and risks, especially for the youngest.
Magali Berdah has been accused by Booba of using deceptive commercial practices, and for her part denounces cyber-harassment which should lead to a trial in 2023.
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But the two interested parties were not invited to Bercy, which will instead bring together agents of influencers, social networks (including YouTube and Tiktok), organizations representing the world of communication, as well as representatives of the State such as the DGCCRF (repression of fraud), the public finance department, as well as the regulatory authorities for gambling and the financial markets.
No minister should attend this first meeting, intended to clear the ground.
“
We want to come up with very concrete proposals around the spring to help the sector develop, while ensuring consumer and influencer protection
,” the ministry said.
According to this source, in particular, it is necessary to "
clearly clarify who is responsible for what
" in communications about a product.
“
There are many rules that exist – taxation, advertising … – but many influencers do not know these rules
” to which they are nevertheless subject, underlined this source.
The influencer marketing market, where brands pay influencers to promote their products, has exploded in recent years.
In 2020, it represented a global market estimated at 9.7 billion dollars, according to figures cited by the ARPP, and more than 13 billion last year.
Law proposition
For the moment in France, only approaches based on voluntary commitments have emerged, such as the "
Certificate of Responsible Influence
" from the Professional Advertising Regulatory Authority (ARPP) or the "
Charter of Influencer Relations
of the Public Relations Council Union (SCRP).
According to this organization which will be represented on Friday, the law should prohibit the exercise of both the activity of consulting in influence with brands and the profession of agent or management of influencers: an economic model likely to lead to conflicts. interest and yet common in the sector.
The EELV deputy Aurélien Taché for his part tabled a bill at the end of November in the National Assembly aimed at “
regulating commercial and advertising practices linked to the influence market on the internet
”.
In particular, it makes written contracts between the influencer and its sponsors and agents mandatory, and provides for a fine (up to 300,000 euros) if the advertising nature of content is not mentioned, and up to 2 years in prison. for the influencer who promotes "
prohibited, unfair or deceptive
" commercial practices
.
Read alsoInfluencer scams, “cyberharassment”: the conflict between Booba and Magali Berdah intensifies
According to Manuel Diaz, who runs Influx, an agency representing influencers with brands, “
there are already laws that allow the state to act
” against bad practices and new measures are not necessary.
This sector of "
professional content creators
" is recent and it must "
give it time to structure itself
" around professionals "
who precisely take responsibility for establishing ethical specifications in their way of working
", he said. he told AFP.